Two Formal Methods For Adding Amendments To The Constitution

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Two Formal Methods For Adding Amendments To The Constitution

centuries as the framework of the Government. However, the meaning of the Constitution has changed both by formal and informal methods. a. Identify two formal methods for adding amendments to the Constitution. b. Describe two informal methods that have been used to change the meaning of the Constitution. Provide one specific example for each informal method you described. c. Explain why informal methods are used more than the formal amendment process.
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a. 2 formal methods for adding amendments to the constitution: 1) Get 2/3rds majority vote in both houses of Congress to propose a Constitutional amendment and a 3/4ths vote of the State Legislature to ratify the amendment. 2) Call a Constitutional convention by 2/3rds of the state legislatures with a 3/4ths vote to ratify the amendment. b. Informal methods that have been used to change the meaning of the Constitution and their respective examples: 1) The Supreme Court has changed the meaning of the Constitution by ruling against/in favor of a certain issue depending on the Court's interpretation of the Constitution. This informally changes the meaning of the constitution by becoming "case law," which sets precedents for future cases. For example, in the 1996 Miranda v. Arizona case, the Supreme Court decided that Ernesto Miranda had been denied his constitutional rights by the police officers who arrested him because they failed to inform him of those rights. From that time forward, all police officers were required to read the Miranda Rights before questioning a suspect. This case informally amended the Constitution because it established a precedent for future cases. 2) Congressional Interpretation has informally changed the Constitution's meaning: Congress has assumed the role of determining the intent of the framers by passing thousands of laws. For example, Congress interpreted Article 3, Section 1 of the Constitution to create the Judiciary Act of 1789, which set up the federal court system. This informally changes the Constitution because it doesn't specifically list this power. c. Informal methods are used more than formal methods because formally amending the constitution requires achieving the popular vote, which is a difficult task to achieve.
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